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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114795
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I've been in a skilled nursing home days as of Wednesday.

Customer Question

I've been in a skilled nursing home for 20 days as of Wednesday. The first five days here they did not have the proper equipment for my stay. I have a trachea which they allowed to dry out. Thus I ended up having a longer stay. I will be here until the 18th. Medicare paid through the 11th. I don't feel feel I should have to pay this $1042.00 bill because they didn't have the equipment or all nurses that could treat it. I easily could have gone somewhere else.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, not having the proper medical equipment can be deemed malpractice and if not having the proper equipment is proven by your doctor to have extended your stay, you can sue them in small claims court for refund of any money that it costs you and for your pain and suffering for them extending your time for care/recovery. So, you need to start by writing a letter to the home stating that they have provided incompetent and negligent care by failure to have proper necessary equipment and causing you to require additional recovery time. Tell them if they do not waive the bill for that time, you will have to consider your legal rights to seek damages, including pain and suffering as well as filing a complaint with the WI Department of Health And Hospitals who issues their license.
If they do not respond to your letter, then file your complaint and seek to sue them for damages, including 2-3 times your actual damages for pain and suffering.